2009 No 294

New South Wales

Public Health (Tobacco) Regulation

2009
under the

Public Health (Tobacco) Act 2008

Her Excellency the Governor, with the advice of the Executive Council, has made
the following Regulation under the Public Health (Tobacco) Act 2008.

JODI MCKAY, MP
for Minister for Health

Explanatory note
The object of this Regulation is to prescribe the following matters for the purposes of the
Public Health (Tobacco) Act 2008:
(a) requirements in relation to advertising on packaging of tobacco products,
(b) requirements in relation to advertising of tobacco products on retail premises,
including the manner in which prices of tobacco products may be displayed,
(c) health warnings and other notices and statements that must or may be displayed at
retail premises at which tobacco products are sold and on tobacco vending machines,
(d) savings and transitional provisions consequent on the enactment of that Act, including
requirements in relation to the display of tobacco products and non-tobacco smoking
products by existing retailers of those products during lead-in periods allowed by that
Act in relation to certain new offences,
(e) the fee for an application to be classified as a specialist tobacconist for the purposes
of the savings and transitional provisions and the manner of making such applications,
(f) the form of giving notice of the commencement of tobacco retailing,
(g) offences against that Act for which penalty notices may be issued.
This Regulation is made under the Public Health (Tobacco) Act 2008, including sections
9 (2) (c), 14 (1), 16, 39 (2) and 58 (the general regulation-making power) and clauses 1 and 5
of Schedule 1.

Published LW 26 June 2009 Page 1

2009 No 294
Public Health (Tobacco) Regulation 2009

Contents
Page
Part 1 Preliminary
1 Name of Regulation 4
2 Commencement 4
3 Definitions 4

Part 2 Advertising on packaging

4 Size of package containing tobacco products 6
5 Certain advertising prohibited on package containing
tobacco products 6
6 Advertising within package containing tobacco products 6

Part 3 Advertising on premises

Division 1 Arrangements of packages containing
tobacco products at shops
7 Definitions 8
8 Application of Division 8
9 Display of packages must not contravene other provisions
of Act 8
10 Requirements until 1 July 2010 relating to display of
arrangements of packages by existing retailers 8
11 Requirements from 1 July 2010 until 1 July 2013 relating
to display of arrangements of packages by specialist
tobacconists 9
12 Requirements for placing of arrangement 10

Division 2 General
13 Section 10 applies only to retail premises 11
14 Advertisements in registered clubs prohibited 11
15 Display of retail prices of tobacco products 11

Part 4 Health warnings and other notices

16 Health warning at point of sale 13
17 Notice regarding sales to minors at point of sale 13
18 Statement to be displayed on vending machines 13
19 Statement as to point of sale of tobacco on retail premises 14

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 2009 No 294
Public Health (Tobacco) Regulation 2009

Contents

Page

Part 5 Miscellaneous
20 Manner of giving notice of commencement of tobacco
retailing 15
21 Penalty notice offences and penalties 15
22 Repeal 15

Schedule 1 Tobacco health warnings (shops and

vending machines) 16
Schedule 2 Notice regarding sales to minors 17
Schedule 3 Penalty notice offences 18
Schedule 4 Savings and transitional provisions 19

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2009 No 294
Clause 1 Public Health (Tobacco) Regulation 2009

Part 1 Preliminary

Public Health (Tobacco) Regulation 2009

under the

Public Health (Tobacco) Act 2008

Part 1 Preliminary
1 Name of Regulation
This Regulation is the Public Health (Tobacco) Regulation 2009.
2 Commencement
This Regulation commences on 1 July 2009 and is required to be
published on the NSW legislation website.
3 Definitions
(1) In this Regulation:
package facing means the surface (or any one of the surfaces) of a
package whose area is greater than the area of any other of its surfaces.
product line means:
(a) in relation to cigars—a kind of cigar distinguishable from other
kinds by one or more of the following characteristics:
(i) its flavour,
(ii) its length or mass,
(iii) its tar content,
(iv) its country of origin,
(v) the number of cigars of that kind contained in the retail
package in which they are sold, and
(b) in relation to cigarettes—a kind of cigarette distinguishable from
other kinds by one or more of the following characteristics:
(i) its brand name,
(ii) its flavour,
(iii) its tar content,
(iv) the number of cigarettes of that kind contained in the retail
package in which they are sold, and

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Public Health (Tobacco) Regulation 2009 Clause 3

Preliminary Part 1

(c) in relation to block or loose leaf tobacco—a kind of tobacco

distinguishable from other kinds by one or more of the following
characteristics:
(i) its flavour,
(ii) its tar content,
(iii) the mass of tobacco contained in the retail package in
which it is sold.
sales unit means a receptacle, an area of shelving or any other thing
from which tobacco products are dispensed when sold by retail, but
does not include a tobacco vending machine.
service area means an area of a shop or retail premises to which
members of the public do not ordinarily have access and from which
sales of tobacco products are ordinarily effected.
specialist tobacconist means a person determined by the
Director-General in accordance with the Act and this Regulation to be
a specialist tobacconist for the purposes of clause 5 of Schedule 1 to the
Act.
the Act means the Public Health (Tobacco) Act 2008.
(2) Without affecting the definition of product line in subclause (1),
tobacco products are not distinguishable, for the purposes of that
definition, by any feature of their packaging.
(3) For the purposes of this Regulation, a package facing is visible if any
part of it is visible.
Note. Package is widely defined in section 4 (1) of the Act. It includes a box,
carton, cylinder, packet, pouch and tin and a wrapping (other than a transparent
wrapping).

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2009 No 294
Clause 4 Public Health (Tobacco) Regulation 2009

Part 2 Advertising on packaging

Part 2 Advertising on packaging

4 Size of package containing tobacco products
For the purposes of section 16 (3) (c) (ii) of the Act, the prescribed
maximum size of a package containing a tobacco product (not being
cigars) is 1,800 cubic centimetres.
Note. The effect of this provision is that a package of cigarettes of or smaller
than the size commonly called a “carton” may feature a tobacco advertisement.
The display of such packages within a shop, however, is subject to Division 1 of
Part 3.

5 Certain advertising prohibited on package containing tobacco products

(1) A person who causes or permits a tobacco product to be packed in a
package that:
(a) contains any statement alluding to sporting, sexual or business
success, or
(b) depicts, wholly or in part, people or cartoon characters, or
(c) depicts scenes or activities, or contains words, representations or
illustrations, that have appeal to children or young persons, or
(d) displays any hologram,
is guilty of an offence.
Maximum penalty: 20 penalty units.
(2) Subclause (1) (b), in so far as it mentions depicting people, does not
apply to packages containing cigars if the depiction was printed on
packages of the same product line before 31 August 1999.
6 Advertising within package containing tobacco products
(1) If a package containing tobacco products also contains any tobacco
advertisement, whether on the external or internal surfaces of the
package, the advertisement must also display a health warning.
(2) The health warning must:
(a) occupy at least one quarter of the area used (both for text and
space) for the advertisement, and
(b) have a white background, and
(c) contain text in black characters as illustrated in Form 1 in
Schedule 1 and maintain approximately the same proportions of
character size and empty space as the illustrated form.

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Public Health (Tobacco) Regulation 2009 Clause 6

Advertising on packaging Part 2

(3) Subclause (1) does not apply to an advertisement printed only on the
tobacco products inside the package concerned.
(4) A person who causes or permits a tobacco product to be packaged in
contravention of this clause is guilty of an offence.
Maximum penalty (subclause (4)): 20 penalty units.

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2009 No 294
Clause 7 Public Health (Tobacco) Regulation 2009

Part 3 Advertising on premises

Part 3 Advertising on premises

Division 1 Arrangements of packages containing tobacco
products at shops
7 Definitions
In this Division:
cigarette carton means a package that:
(a) contains only cigarette packets containing cigarettes of the same
product line, and
(b) contains four or more cigarette packets in one or more outer
wrappings (whether or not any such wrapping is transparent).
cigarette packet means a package containing not more than
50 cigarettes.
smoking accessories means matches, filters, lighters, cigarette papers
and other things used for smoking.
8 Application of Division
(1) This Division applies to a package forming part of the means by which
an advertisement is created and displayed as referred to in section 16 (4)
of the Act.
(2) For the purposes of section 16 (4) of the Act, a package or other thing is
displayed in accordance with the regulations if it is displayed in
accordance with this Division.
9 Display of packages must not contravene other provisions of Act
A package to which this Division applies must not be displayed if the
occupier of the premises on which it is displayed would be guilty of an
offence against section 9 of the Act by displaying the package.
Note. Section 9 (1) of the Act requires the occupier of premises on which
tobacco products, non-tobacco smoking products and smoking accessories are
sold to ensure that those products and accessories are not seen from inside or
outside the premises. However, clause 5 of Schedule 1 to the Act provides that
certain tobacco retailers do not commit an offence against section 9 during
specified lead-in periods.

10 Requirements until 1 July 2010 relating to display of arrangements of

packages by existing retailers
(1) This clause has effect until 1 July 2010.

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Public Health (Tobacco) Regulation 2009 Clause 11

Advertising on premises Part 3

(2) This clause applies to a person engaged in tobacco retailing during any
period occurring before 1 July 2010 in which the person does not,
because of clause 5 of Schedule 1 to the Act, commit an offence against
section 9 of the Act.
(3) If a package to which this Division applies forms part of any
arrangement of two or more packages containing a tobacco product, the
arrangement must comply with this clause.
(4) Not more than one cigarette carton per product line of cigarettes may be
included in:
(a) any such arrangement, or
(b) if there is more than one such arrangement in the shop
concerned—the aggregate of such arrangements.
(5) Subclause (4) does not prevent the placement of cigarette cartons one
behind the other so that some surfaces (but not the whole or part of any
of the package facings) of cartons placed behind the first are visible.
(6) Not more than two package facings per product line of tobacco product
(not being cigarettes in cartons or individual cigars) may be visible in:
(a) any such arrangement, or
(b) if there is more than one such arrangement in the shop or retail
premises—the aggregate of such arrangements.
(7) Every package (other than a cigar box) must be completely filled with
tobacco products and remain unopened (that is, as packed by or on
behalf of the manufacturer).
(8) Packages are not to be arranged so as to create a composite picture or
other meaningful visual image whose component parts are printed on
the individual packages.
(9) No package is to have a price written on it or any other thing attached
to it.
(10) No package that is a cigarette carton is to contain more than
300 cigarettes.
(11) No package other than a cigarette carton is to contain:
(a) more than 50 cigarettes or cigars, or
(b) more than 50 grams of any other tobacco product.
11 Requirements from 1 July 2010 until 1 July 2013 relating to display of
arrangements of packages by specialist tobacconists
(1) This clause has effect on and from 1 July 2010 until 1 July 2013.

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Clause 12 Public Health (Tobacco) Regulation 2009

Part 3 Advertising on premises

(2) This clause applies to a person engaged in tobacco retailing during any
period occurring on or after1 July 2010 but before 1 July 2013 in which
the person does not commit an offence against section 9 of the Act
because the Director-General has determined that the person is a
specialist tobacconist for the purposes of clause 5 of Schedule 1 to the
Act.
(3) If a package to which this Division applies forms part of any
arrangement of two or more packages containing a tobacco product, the
arrangement must comply with this clause.
(4) No cigarette cartons may be displayed in any such arrangement.
(5) Not more than one package facing per product line of tobacco product
(not being cigarettes in cartons or individual cigars) may be visible in:
(a) any such arrangement, or
(b) if there is more than one such arrangement in the shop
concerned—the aggregate of such arrangements.
(6) Every package (other than a cigar box) must be completely filled with
tobacco products and remain unopened (that is, as packed by or on
behalf of the manufacturer).
(7) Packages are not to be arranged so as to create a composite picture or
other meaningful visual image whose component parts are printed on
the individual packages.
(8) No package is to have a price written on it or any other thing attached
to it.
(9) No package is to contain:
(a) more than 50 cigarettes or cigars, or
(b) more than 50 grams of any other tobacco product.
(10) This clause is subject to the requirements of clause 1 of Schedule 4.
Note. Further requirements are contained in clause 1 of Schedule 4 in relation
to the display of tobacco products on and from 1 July 2010 until 1 July 2013.

12 Requirements for placing of arrangement

(1) If a package to which this Division applies forms part of any
arrangement of two or more packages containing a tobacco product, a
package forming part of the arrangement may only be displayed in a
sales unit that is routinely used for effecting sales and that complies with
the requirements of this clause.
(2) The sales unit:
(a) must not be placed or situated on any counter, and
(b) must have not less than 50 packages in it, and

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Public Health (Tobacco) Regulation 2009 Clause 13

Advertising on premises Part 3

(c) must not display any item, object or thing, other than packages
containing tobacco products, smoking accessories or a price
ticket or price board displayed in accordance with this
Regulation, and
(d) must have no device that causes movement, visible to the public,
of any part of the sales unit or any package of tobacco products
in the unit, and
(e) must not contain any mirror (or other reflective device), interior
lighting, exterior lighting attached to the sales unit or external
spotlighting, and
(f) must not be positioned so that is causes the packages to face more
or less towards a window unless:
(i) the direction in which the packages are facing is
perpendicular to the plane of the window, or
(ii) the window is at least 2 metres distant from the display.
(3) The sales unit must be wholly within the service area of the shop
concerned.
(4) This clause is subject to the requirements of clause 1 of Schedule 4.
Note. Further requirements are contained in clause 1 of Schedule 4 in relation
to the display of tobacco products on and from 1 July 2010 until 1 July 2013.

Division 2 General
13 Section 10 applies only to retail premises
For the purposes of section 10 of the Act, premises are taken to be
premises on which tobacco products, non-tobacco smoking products or
smoking accessories are sold only if such products or accessories are
sold by retail on the premises (regardless of whether such products and
accessories are also sold otherwise than by retail).
14 Advertisements in registered clubs prohibited
The premises of a registered club (within the meaning of the Registered
Clubs Act 1976), to the extent that they would not constitute a public
place, are a prescribed place for the purposes of section 16 (1) of the
Act.
15 Display of retail prices of tobacco products
(1) For the purposes of section 16 (3) (e) of the Act, the retail prices of
tobacco products may be displayed within a shop or other retail outlet
from which tobacco products are sold, but only if all of the retail prices

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Clause 15 Public Health (Tobacco) Regulation 2009

Part 3 Advertising on premises

displayed for tobacco products are displayed in accordance with either

of the following paragraphs (but not both):
(a) price tickets that comply with subclause (2),
(b) a single price board that complies with subclause (3).
(2) Price tickets:
(a) must use only two colours—one for the ticket and one for the
price, and
(b) must not be coloured in fluorescent colours or in a more
distinctive manner than price tickets used for other merchandise
in the retail outlet, and
(c) must not be highlighted by any lighting, and
(d) must be no larger than 35 cm2 in area, and
(e) must contain lettering that is not more than 2 cm in height and not
more than 1.5 cm in width, and
(f) must not contain information other than the name of the product
line, a bar code or other identifying codes, the price and a symbol
indicating the country of origin, and
(g) must display the price and product name only once for each
product line carried by the retailer, and
(h) must be attached to a sales unit, and
(i) must have no other article or thing attached to them, and
(j) must not be arranged with other price tickets so as to create an
image or visual effect from the arrangement that would be
incomplete if any one ticket were removed.
(3) A price board:
(a) must not contain information other than the names of the product
lines and prices, and
(b) must be no larger than 2,000 cm2 in area, and
(c) must have a black background with white lettering or a white
background with black lettering (but not both), and
(d) must contain lettering that is not more than 2 cm in height and not
more than 1.5 cm in width, and
(e) must display the price and product name only once for each
product line carried by the retailer, and
(f) must be placed directly adjacent to a sales unit, and
(g) must have no other article or thing attached to it, and
(h) must not be highlighted by any lighting.

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Public Health (Tobacco) Regulation 2009 Clause 16

Health warnings and other notices Part 4

Part 4 Health warnings and other notices

16 Health warning at point of sale
(1) In any shop or other retail outlet from which tobacco products are sold,
the health warning illustrated in Form 1 in Schedule 1 must be
conspicuously displayed at the point of sale of those products in the
shop or other retail outlet.
(2) Any health warning required by this clause must:
(a) be between 50 and 100 centimetres wide and have an area not less
than 2,000 cm2, and
(b) have a white background, and
(c) contain text in black characters printed in the same case (upper or
lower), and maintain approximately the same proportions of
character size and empty space, as Form 1 in Schedule 1.
(3) The occupier of the shop or other retail outlet concerned is guilty of an
offence if this clause is contravened.
Maximum penalty (subclause (3)): 25 penalty units.
17 Notice regarding sales to minors at point of sale
(1) In any shop or other retail outlet from which tobacco products are sold,
a notice regarding sales to minors must be conspicuously displayed at
the point of sale of those products in the shop or other retail outlet.
(2) The notice must:
(a) be at least 15 cm high and at least 21 cm wide, and
(b) have a white background, and
(c) contain text in black characters in the form illustrated in
Schedule 2 and maintain approximately the same proportions of
character size and empty space as the illustrated form.
(3) The occupier of the shop or other retail outlet concerned is guilty of an
offence if this clause is contravened.
Maximum penalty (subclause (3)): 25 penalty units.
18 Statement to be displayed on vending machines
For the purposes of section 14 (2) of the Act, the prescribed form of
statement is:
(a) a health warning that:
(i) has an area not less than 1,000 cm2, and
(ii) has a white background, and

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Clause 19 Public Health (Tobacco) Regulation 2009

Part 4 Health warnings and other notices

(iii) contains text in black characters as illustrated in Form 1 in

Schedule 1 and maintains approximately the same
proportions of character size and empty space as the
illustrated form, and
(b) a statement regarding sales to minors that:
(i) is at least 15 cm high and at least 21 cm wide, and
(ii) has a white background, and
(iii) contains text in black characters in the form illustrated in
Schedule 2 and maintains approximately the same
proportions of character size and empty space as the
illustrated form.
Note. The owner and lessee of a tobacco vending machine are each, by virtue
of section 14 (1) of the Act, guilty of an offence if such a statement is not kept
conspicuously displayed on the front of the machine.

19 Statement as to point of sale of tobacco on retail premises

(1) A statement may be displayed in accordance with this clause at a shop
or other retail outlet from which tobacco products, non-tobacco
smoking products or smoking accessories are sold if:
(a) products other than tobacco products, non-tobacco smoking
products or smoking accessories are also sold by retail from the
shop or other retail outlet, and
(b) the shop or other retail outlet has more than one cash register.
(2) The statement may include the following wording only on a sign no
larger than 21 cm by 30 cm (A4):
Tobacco sold at this cash register only.
(3) The lettering on the sign must be black on a white background and be
no larger in size than 60 point type.
(4) More than one sign referred to in subclause (2) may be displayed.
(5) A health warning that complies with clause 16 (2) must also be
displayed next to each sign referred to in subclause (2).

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 2009 No 294
Public Health (Tobacco) Regulation 2009 Clause 20

Miscellaneous Part 5

Part 5 Miscellaneous
20 Manner of giving notice of commencement of tobacco retailing
For the purposes of section 39 (2) of the Act, the manner of giving
notice is by electronic communication in accordance with the relevant
instructions on the website www.licence.nsw.gov.au.
21 Penalty notice offences and penalties
(1) For the purposes of section 50 of the Act:
(a) each offence created by a provision specified in Column 1 of
Schedule 3 is prescribed as a penalty notice offence, and
(b) the penalty prescribed for each such offence is the amount
specified opposite the provision in Column 2 of the Schedule.
(2) If the reference to a provision in Column 1 of Schedule 3 is qualified by
words that restrict its operation to specified kinds of offences, an
offence created by the provision is a prescribed penalty notice offence
only if it is an offence of a kind so specified or committed in the
circumstances so specified.
22 Repeal
Division 1 of Part 3 is repealed on the repeal of section 16 (4) of the Act.

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2009 No 294
Public Health (Tobacco) Regulation 2009

Schedule 1 Tobacco health warnings (shops and vending machines)

Schedule 1 Tobacco health warnings (shops and

vending machines)
(Clauses 6, 16, 18 and clause 2 of Schedule 4)
Form 1
Smoking kills
Call the Quitline
137 848 or 13 QUIT

Form 2
Smoking is addictive
Call the Quitline
137 848 or 13 QUIT

Form 3
Need help to quit smoking?
Call the Quitline
137 848 or 13 QUIT

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Public Health (Tobacco) Regulation 2009

Notice regarding sales to minors Schedule 2

Schedule 2 Notice regarding sales to minors

(Clauses 17 and 18)
NOTICE
Public Health (Tobacco) Act 2008
SELLING TOBACCO PRODUCTS TO PERSONS UNDER 18 YEARS OF AGE IS A
CRIMINAL OFFENCE
MAXIMUM PENALTY $110,000
Report offences to the NSW Department of Health on 1800 357 412 or to your
nearest police station.
NSW Department of Health

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Public Health (Tobacco) Regulation 2009

Schedule 3 Penalty notice offences

Schedule 3 Penalty notice offences

(Clause 21)

Column 1 Column 2
Provision Penalty
Offences under the Act
Section 30 (1) $250
Section 30 (2) $250
Section 39 (1) $250
Section 46 (1) $250

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Public Health (Tobacco) Regulation 2009

Savings and transitional provisions Schedule 4

Schedule 4 Savings and transitional provisions

1 General requirements for display of tobacco products by specialist
tobacconists from 1 July 2010 until 1 July 2013
(1) This clause applies on and from 1 July 2010 until 1 July 2013 to a person
who is a specialist tobacconist.
(2) A specialist tobacconist may display tobacco products and non-tobacco
smoking products only in accordance with the following requirements:
(a) not more than one package for each product line of tobacco
products and non-tobacco smoking products may be displayed,
(b) no cartons may be displayed,
(c) the total area of the package facings of tobacco products and
non-tobacco smoking products displayed must be no more than
3 square metres,
(d) the display of tobacco products and non-tobacco smoking
products must be at least 2 metres from any door or window that
opens or looks out on to a public place.
Note. Clause 5 (3) (b) of Schedule 1 to the Act provides that a specialist
tobacconist does not commit an offence against section 9 of the Act by
displaying tobacco products, non-tobacco smoking products or smoking
accessories during the period of 3 years from 1 July 2010 until 1 July 2013 if
those products and accessories are displayed in accordance with the
regulations.

2 Health warning at point of sale

(1) This clause applies to a shop or other retail outlet from which tobacco
products are sold during any period in which the occupier of the
premises does not commit an offence against section 9 of the Act by
displaying tobacco products on the shop or other retail outlet because of
clause 5 of Schedule 1 to the Act.
(2) If in the shop or other retail outlet to which this clause applies there is
any sales unit adjoining or adjacent to an area to which the public has
access and having transparent surfaces through which tobacco products
may be seen by the public, a health warning in the form set out as
Form 2 or Form 3 in Schedule 1 must be prominently displayed on a
transparent surface that faces toward the area.
(3) If two or more health warnings are required by subclause (2) in a
particular situation, health warnings in the forms set out as Form 2 and
Form 3 in Schedule 1 are to be displayed in equal or approximately
equal numbers.

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Public Health (Tobacco) Regulation 2009

Schedule 4 Savings and transitional provisions

(4) Any health warning required by this clause must:

(a) be between 50 and 100 centimetres wide and have an area not less
than 2,000 cm2, and
(b) have a white background, and
(c) contain text in black characters printed in the same case (upper or
lower), and maintain approximately the same proportions of
character size and empty space, as the relevant form in
Schedule 1.
(5) The occupier of the shop or other retail outlet concerned is guilty of an
offence if this clause is contravened.
Maximum penalty (subclause (5)): 25 penalty units.
3 Applications for specialist tobacconists
(1) Despite clause 5 (5) of Schedule 1 to the Act, the Director-General may
also make a determination under that subclause that a person is a
specialist tobacconist for the purposes of that clause if the
Director-General is satisfied that:
(a) the person had entered into a binding lease or franchise
agreement in respect of retail premises in the period from
25 March 2008 up to and including 24 December 2008 for the
purpose of conducting the business of retailing tobacco products,
and
(b) had commenced tobacco retailing before 25 March 2009, and
(c) for the period of 6 months after the person commenced tobacco
retailing, that business conducted by the person had a gross
turnover at least 80 per cent of which was obtained from the sale
of tobacco products, non-tobacco smoking products or smoking
accessories.
(2) For the purposes of clause 5 (6) of Schedule 1 to the Act, the prescribed
fee is $250.
(3) An application referred to in clause 5 (6) of Schedule 1 to the Act is to
be made by electronic communication in accordance with the relevant
instructions on the website www.licence.nsw.gov.au.
(4) Despite clause 5 (6) of Schedule 1 to the Act, an application referred to
in that subclause may be made within 12 months after the
commencement of section 9 of the Act.
(5) Despite clause 5 (8) of Schedule 1 to the Act, a reference in that clause
to the introduction date is to be read as a reference to the date of
commencement of section 9 of the Act.

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